July 10th, 2009
 

365 Gay: News

Australia approves rights for gay couples


(Canberra) The Australian government has passed legislation recognizing same-sex couples under a large number of laws, but the measure falls short of granting either marriage or civil unions.

The omnibus bill mounted its final hurdle Monday, winning approval in the Senate. The legislation passed the House in September.  It still requires the signature of the Governor General, a formality, before going into effect.

The Same-Sex Entitlements Bill removes discrimination against same-sex partners in areas such as immigration, taxation, veterans’ pensions and aged care. It also abolishes discrimination against children of same-sex couples by granting equal rights to both parents.

In total, it amends 68 Commonwealth laws.

“They deliver on a very important election commitment on an important day for us,” Labor senator Penny Wong, who is openly gay, told the Senate during Monday’s debate.

“They will deliver the sort of equality before the law that same-sex couples have never previously experienced.”

Green Party Leader Bob Brown, who also is openly gay and a long-time campaigner for same-sex rights, called passage of the bill a major step forward.

“This is, indeed, historic legislation and the government is to be congratulated for putting the legislation to this parliament within 12 months of it’s election, to remove a great sway of discrimination laws against same sex couples,” Brown said

But he added that discrimination against same-sex couples would only end when they were legally able to wed.

Passage of the legislation was a campaign promise of the Labor government of Prime Minister Kevin Rudd, although Rudd refused to repeal a law passed in 2004 by the former Liberal government that bars gay marriage

Prior to losing the last federal election, Prime Minister John Howard used the law to overturn a civil unions bill passed by the Australian Capital Territory.

Howard’s action resulted in the federal Human Rights and Equal Opportunity Commission launching a national investigation into inequities faced by same-sex couples. The commission held hearings across the country.

Commissioners heard from dozens of gay couples in hearings across the country of how partners have been cut out of wills because they have not legal status, how children in same-sex relationships are harmed, and how federal pension law hurts one partner when the other dies.

In its report to the government last year, the Commission made more than 50 recommendations and urged the passing laws guaranteeing rights for same-sex couples.

After Rudd’s government was elected, the Australian Capital Territory reintroduced its civil unions bill.  After amending it to prevent public ceremonies to be held in government facilities it passed, making the ACT the first area in the country to allow civil partnerships.

A third of Australia’s eight states and territories have varying laws providing some benefits to same-sex couples.

Among Australia’s population of 21 million people, more than 40,000 are in same-sex relationships, a government report found last year.


Comments (5)
  • Clay Said: November 24th, 2008 at 4:45 pm
    • Maybe we should take a note from Australia, set up a some sort of Human Rights Commission.

      “Howard’s action resulted in the federal Human Rights and Equal Opportunity Commission launching a national investigation into inequities faced by same-sex couples. The commission held hearings across the country.”

  • Antonio Said: November 25th, 2008 at 3:32 am
    • This is historic legislation guaranteeing marriage rights without the marriage certificate…

      This legislation passed with hardly a wimper from conservative christians and just shows that if the gay community is united equality will come.

      Just a reminder that within Australia three our of 8 states also have Civil Partneship/Partnership Registration for Gay & Lesbian couples.

  • SteveMD2 Said: November 29th, 2008 at 2:00 am
    • It is progress, pure and simple.

      And it is beginning to leave America as a bastion of religious hatred in the developed western world. All thanks to George W Bush, and his stinking gang of republican crooks, who encourage hatred by religious people,while they stole our nation blind.

      Let the word “bush” become the new ‘profanity of profanities’ - his legacy, and the same for the republican party right wing.

  • Eddie89 Said: November 29th, 2008 at 2:27 am
    • “That’s SO Bush!” should be the new term for anything that’s lame or stupid!!!

      Everyone should IMMEDIATELY add this phrase to ALL their tag lines, signatures, etc. on everything! Blog comments, emails, conversations, etc.!!!

  • Ken Underwood Said: May 21st, 2009 at 3:37 pm
    • Australian federal law changes on July 1st 2009 so bring equality to same sex couple in theory. In immigration law they have defined “spouse” as person of the oppose sex and have a spouse visa, so that is a visa not available to same sex couple. Where is the equality in that.